I want to divorce and have two children, I don t want to give her, can this lawsuit be won?

After divorce, breastfeeding children generally live with the woman; If the two parties cannot reach an agreement due to a dispute over custody, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

According to the Marriage Law of the People's Republic of China:

Article 36: The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

According to the relevant provisions of the Supreme People's Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts":

When hearing divorce cases, people's courts shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances of both parents, such as their ability to raise and their conditions for support. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

1. Children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, she can live with her father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

3) There are no other children, and the other party has other children;

4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.

5. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should live with his or her father, the child's opinion shall be taken into account.

6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.

You want to get a divorce, and both children want to stay with you, so no one can say whether this lawsuit can be won or not. Under normal circumstances, one for each person, unless the other party has a very serious problem, such as illness, such as giving up on oneself, such as having a criminal record, etc.

There are many situations to consider, such as the age of the child, the economic situation of both parties, whether there is a disease, whether it is conducive to the growth of the child, the child's choice, etc.

It depends on how old the children are, the reason for the divorce, and the financial situation of both parties.

The court where both parties want children will award custody of the children according to the following criteria:

1. If the child is under the age of two years, custody will generally be awarded to the woman, but if the woman has any of the following circumstances, custody will be awarded to the man:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

2. If the child is over two years old, the court will determine who has custody according to the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) There are no other children, and the other party has other children;

3) The child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild;

4) Children over the age of 8 are willing to live with one of them.

Legal basis] Article 1084 of the Civil Code, after divorce, children under the age of two shall be directly raised by the mother.

For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Look at the environment in which the children live and the ability of all parties to raise them.

Not necessarily, according to the provisions of the Marriage Law, if the child is breastfeeding, the child shall be awarded to the nursing mother in the case of divorce, and if the child is not breastfeeding, and the child has been able to express his or her own intentions, the judge will solicit the child's ideas, and then make a judgment based on the principle of being conducive to the healthy growth of the child.

Which party has a better family condition and can raise the children, which party is awarded.

It is better not to divorce for the sake of the children.

I've got four kids gone! Because I can't have sex as a man, but I'm a woman, and I want it when I think of it.

Parents are too ruthless, it is the obligation of parents to raise their children, and the court will judge and deal with it according to law.

Article 21 of the Marriage Law: Parents have the obligation to raise and educate their children; Children have an obligation to support their parents.

If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.

In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.

Shall you give me the child? , one of my relatives did not have a child, could not have a child, and has always wanted to adopt a child.

In litigation divorce, the court will deal with the issue of custody based on the situation that it is "conducive to the growth of the child". Even if it is decided that you have a child to be raised, considering that you are in financial difficulties and have no financial income, the court will consider asking the other party who can afford to pay you child support or certain necessary expenses for living expenses.

Personally, I think that if you divorce three children, you must take one with you, which is your responsibility and obligation.

Statutory divorce routes: divorce by agreement and divorce by litigation.

1. Divorce by agreement: also known as "voluntary divorce between the parties", (to distinguish it from litigation divorce) refers to the legal system in which the parties to the marriage relationship reach a divorce agreement and dissolve the marriage relationship through the marriage registration procedure. Its main features:

First, the parties agree on the issues of divorce, child support and property distribution, and reach an agreement; The second is to go through the divorce registration in accordance with the marriage registration procedures and obtain the divorce certificate, that is, the marriage relationship is dissolved.

2. Litigation divorce: Litigation divorce refers to a divorce system in which the husband and wife cannot reach an agreement on whether to divorce or the division of property, the sharing of debts, the maintenance of children, etc., and file a lawsuit with the people's court, and the people's court dissolves the marriage relationship through mediation or judgment after trial. Article 32 of the Marriage Law stipulates that "if a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court."